HomeMy WebLinkAbout93-1074 civilCHRISTINE P. FLANNERY, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
WALTER P. IBERTI,
DEFENDANT 93-1074 CIVIL TERM
IN RE: OPINION PURSUANT TO PENNSYLVANIA RULE OF
APPELLATE PROCEDURE '1925
Bayley, J., December 22, '1999:--
This protracted and contentious custody case, which started in 1993, involved
Elizabeth Iberti, born August 22, 1990. The father lives in California and the mother in
Pennsylvania. Following hearings in 1999, an order was entered on November 5,
1999, setting periods of temporary physical custody of Elizabeth with her mother to be
exercised in California. This order changed a prior custody order that allowed the
mother to exercise periods of temporary physical custody with Elizabeth in
Pennsylvania. Neither party filed an appeal from this order.
As part of the latest round of litigation both parties filed petitions seeking to hold
the other in civil contempt of the prior custody order. On November 5, 1999, the same
day the new custody order was entered, a separate order was entered dismissing the
cross-petitions for contempt. The father filed a direct appeal to the Superior Court of
Pennsylvania from the order dismissing his petition to hold the mother in civil contempt.
In a concise statement of matters complained of on appeal, he states simply that "The
trial court erred in dismissing Defendant's petition seeking to hold plaintiff in contempt."
93-1074 CIVIL TERM
In the context of this bitter litigation we chose to treat the efforts of each party to have
the other held in civil contempt as de minimis collateral surplusage as we addressed the
significant compelling substantive issues raised in the case. This, we are satisfied, was
within the discretion of the court.
Date
Allen C. Welch, Esquire
For Plaintiff
Edgar B. Bayley, J. ..~)
John C. Howett, Jr., Esquire
For Defendant
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